JURIDICAL ANALYSIS OF THE PRACTICE OF RENTING BACK SHOPHOUSES TO OTHER PARTIES WITHOUT PERMISSION FROM THE SHOPHOUSE OWNER (Case Study Of Decision Number 6/Pdt.G.S/2024/Pn Sit)

Luthfiani Bintang Sulistyo, . (2025) JURIDICAL ANALYSIS OF THE PRACTICE OF RENTING BACK SHOPHOUSES TO OTHER PARTIES WITHOUT PERMISSION FROM THE SHOPHOUSE OWNER (Case Study Of Decision Number 6/Pdt.G.S/2024/Pn Sit). Pakuan Law Review, 11 (02). pp. 63-76. ISSN 2614-1485

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Abstract

This study aims to examine civil law views related to the practice of renting back shophouses to other parties without permission from the owner, as well as to examine legal remedies that can be taken by shophouse owners to recover losses suffered due to the decision Number 6/Pdt.G.S/2024/PN Sit. This study applies the normati method by examining positive legal provisions through a statutory approach (Statute Approach) and exploring its application through the analysis of court decisions (Case Approach). The results of the study show that in the view of civil law, the practice of renting back a shophouse without permission from the owner is an action that is contrary to the principle of good faith and violates the provisions of the lease agreement, especially as stipulated in Article 1559 of the Civil Code, so that the act can be categorized as a default. To recover their losses due to the tenant's actions and as a result of the decision Number 6/Pdt.G.S/2024/PN Sit, shophouse owners can take advantage of various legal mechanisms, ranging from ordinary legal remedies such as appeals and cassations to extraordinary legal remedies such as review (PK).

Item Type: Article
Additional Information: [No. Panggil: 2110611042] [Pembimbing: Sulastri] [Penguji 1: Iwan Erar Joesoef] [Penguji 2: Taupiqqurrahman]
Uncontrolled Keywords: Rent Rent, Lease Back, Default
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S1)
Depositing User: LUTHFIANI BINTANG SULISTYO
Date Deposited: 07 Aug 2025 07:09
Last Modified: 07 Aug 2025 07:09
URI: http://repository.upnvj.ac.id/id/eprint/38749

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